Braley v. Byrnes
Supreme Court of Minnesota
Action, to recover certain personal property, being part of the furniture of a hotel in Faribault, mortgaged to plaintiff by one Root, and taken by the defendant, as sheriff, from Root’s possession, by virtue of a -writ of attachment against Root’s property, at the suit of one Greene.
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Action, to recover certain personal property, being part of the furniture of a hotel in Faribault, mortgaged to plaintiff by one Root, and taken by the defendant, as sheriff, from Root’s possession, by virtue of a -writ of attachment against Root’s property, at the suit of one Greene. A former appeal in the case is reported, 20 Minn. 435. At the second trial in the district court for Rice county, before Lord, J., it appeared that Greene held a mortgage from Root upon all the furniture of the hotel, and also an unsecured claim against him to the amount of about $800. The mortgage, by its…
1Opinion of the CourtGileillan, C. J.
A motion for a new trial was made below, upon the grounds that the verdict was not justified by the evidence, and for errors occurring at the trial. The court below granted a new trial, for error in the instructions to the jury, not passing upon the sufficiency of the evidence.
It is argued here that if the court below erred in granting the new trial, on the ground upon which it was granted, still, as the defendant was entitled to a new trial, for insuffi*485ciency of the evidence to sustain the verdict, this court ought not to reverse the order.
It is unnecessary for us to pass upon the…
2Cited by8 opinions
- Hardy v. AndersonSupreme Court of Minnesota · 1954
- Johnson v. West Fargo Manufacturing Co.Supreme Court of Minnesota · 1959
- North Star Boot & Shoe Co. v. LaddSupreme Court of Minnesota · 1884
- Mingo v. ExtrandSupreme Court of Minnesota · 1930
- Fletcher v. NeudeceSupreme Court of Minnesota · 1883
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